CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

Images of Courtroom in the age of Surveillance Capitalism  

Images of Courtroom in the age of Surveillance Capitalism  

The 21st century has transformed the courtroom: Hearings that once drowned in paper now unfold through digital files, video links, virtual hearings, appellate courts’ YouTube channels, livestreams, e‑filing, digital case management, online bundles, and predictive analytics. Cornelia Vismann once observed that ‘a new way of binding or of writing things down, a change in the way data are collected, affects the legal framework’. This prompts a sharper question in the 21st century: how do digitalisation and datafication of the courts impact the legal framework today? In a recent article, drawing on media archaeology and the history of legal administration, we approached this question through the historically contested place of cameras in UK courtrooms. There we argued that cameras in the courtroom sit at the intersection of administrative techniques of control and archive, contemporary visual culture, and shifting class relations. Far from being neutral recording devices, they have…

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ARTICLES

The De-Aging of the World

The De-Aging of the World

S ocial age does not coincide with physiological age. But the degree of the discrepancy varies according to historical period, including its social context and the other collective circumstances surrounding it. The same applies to societies. The industrialized world…

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CLC Dundee: undeed and duende.

CLC Dundee: undeed and duende.

Had the virus not intruded, I, and many of CLT’s readers, would be in Dundee right now, for the annual Critical Legal Conference, an event that has happened every autumn since the mid-1980s. The CLC has often proclaimed its non-existence for all but three days of the…

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An Escape Route for Brazil

An Escape Route for Brazil

Brazil is at an existential crossroads, the magnitude of which we can only begin to imagine. This is a country where the pandemic has caused one of the worst humanitarian disasters in the world. With only about 2.8 percent of the world population, Brazil accounts for…

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The Statues of our Discontent

The Statues of our Discontent

S tatues look a lot like the past, which is why, whenever they are called into question, we turn to historians. The truth is that statues are a thing of the past only as long as they stand quietly in squares, as indifferent to us as we are to them. At such times…

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Postcolonial Liberalism’s Double Binds

Postcolonial Liberalism’s Double Binds

“We need Covid Trials. In an international court,” is Arundhati Roy ’s “post-lockdown reverie”. She wants the Indian government to be held accountable for its treatment of migrant workers as refuse and the ongoing assault on the civil rights of dissenters in the wake…

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Roland Barthes: Myth

Roland Barthes: Myth

Human communication is multi-layered, as our language relies on complicated systems of signification; for example uttering a given statement using specific terminology might indicate the ideological tendencies of the speaker. And like any other communicative system…

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Marxist Legal Theory: Security

Marxist Legal Theory: Security

Key Concept This is part of a series of key concepts in Marxist legal theory organized in collaboration with our friends at Legal Form: A Forum for Marxist Analysis of Law. All articles in this series, including the present one, will appear concurrently on Legal Form…

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Institutional Vandalism: The University & Covid-19

Institutional Vandalism: The University & Covid-19

’s 29 May article (‘Soas to slash budgets and staff as debt crisis worsens in a pandemic’) has brought attention to a worrying development, which risks seeing losses of livelihoods and expertise at a unique and world-renowned institution. The danger is that framing…

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Beyond Brutality

Beyond Brutality

I write this at great distance from the uprisings now taking place across the US sparked by the police killing of George Floyd. I am thousands of miles distant and witness police repression, and the anger of the protestors, via old and social media. I am a white…

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OVER A DECADE OF ARCHIVES

On Colonial Universality and other Legal Prerogatives: Reflections on Peter Fitzpatrick’s The Mythology of Modern Law

2017 marked the 25th anniversary of Peter Fitzpatrick’s The Mythology of Modern Law. An eloquent and incisive critique of Occidental law’s pretensions to secular origins, Fitzpatrick’s text remains of prime significance to scholars engaged with the constitutive forces of race, racism, and colonialism in the structure and political, philosophical and psychoanalytic imaginaries of modern law.

Against Agamben: Is a Democratic Biopolitics Possible?

Giorgio Agamben’s recent intervention which characterizes the measures implemented in response to the Covid-19 pandemic as an exercise in the biopolitics of the ‘state of exception’ has sparked an important debate on how to think of biopolitics. The very notion of biopolitics, as it was formulated by Michel Foucault, has been a very important…

Law, Reading, and Power: The ‘S’ Joke, Why You Find it Funny and Why I Don’t (with Reply)

A guy walks into a bakery known for making fancy cakes. He says, “I’d like to have a cake shaped like the letter S.” The baker says he can do it, but the cake will be expensive. The man confirms that price is no object. The baker tells him to come back after three o’clock. When he comes back, the baker unveils a beautiful S cake, but the man is…

Law is a Fugue

Law is, metaphorically speaking, a fugue. This metaphor is intended to compare law with the form, structure, and spirit of fugue, and by doing so to provide yet another way to (partially) reveal the nature of law. The fugue is the highest point of contrapuntal development in Western tonal music. The word “contrapuntal” comes from contrapunctum…

Jacques Derrida: Deconstruction

Key Concept Deconstruction by its very nature defies institutionalization in an authoritative definition. The concept was first outlined by Derrida in Of Grammatology where he explored the interplay between language and the construction of meaning. From this early work, and later works in which he has attempted to explain deconstruction to…

Cupcake Fascism: Gentrification, Infantilisation and Cake

The cupcake is barely a cake. When we think about what “the cake-like” ideal should be, it is something spongy, moist, characterized by excess, collapsing under its own weight of gooey jam, meringue, and cream. It is something sickly and wet that makes your fingers sticky. The cupcake is none of these things; that is, it possesses none of the…

White Feminist Fatigue Syndrome

In her recent piece in Comment is Free, ” How feminism became capitalism’s handmaiden – and how to reclaim it” Nancy Fraser draws on her own work in political theory to argue that feminism at best has been co-opted by neoliberalism and at worst has been a capitalist venture of the neo-liberal project. What appears at first glance to be a…

Decolonizing the Teaching of Human Rights?

According to the new Bolivian constitution, education is "one of the most important functions and primary financial responsibilities of the State”; it is “unitary, public, universal, democratic, participatory, communitarian, decolonizing and of quality” (art. 78, I);...

#ACCELERATE MANIFESTO for an Accelerationist Politics

1. At the beginning of the second decade of the Twenty-First Century, global civilization faces a new breed of cataclysm. These coming apocalypses ridicule the norms and organisational structures of the politics which were forged in the birth of the nation-state, the rise of capitalism, and a Twentieth Century of unprecedented wars. 2. Most…

Coughing out the Law: Perversity and Sociality around an Eating Table

It was lunchtime at Sydney’s David Jones, Australia’s up-market department store chain. So I headed down to the ‘food floor’. Whenever I have to shop at DJs I try to make sure I go there around midday, precisely so I can go down to the food floor and order the exceptionally succulent off the bone ham sandwich at the roast carvery section. You…

Palestinian Resistance: The Political, Social and Human Right of Self-Defense

Once again the bombs are falling on the Gaza Strip, a stretch of territory excised from Palestine proper as a result of continuing illegal and illegitimate actions by Israel. In fact, Gaza has become a closed ghetto, first cut off from Palestine in violation of the partition plans and political programs and then turned into a sealed ghetto…

Punk, Law, Resistance … “I have set my affair on nothing”

In 1977 I was sixteen. Everything I have to say about punk is coloured by that fact, because sixteen was precisely the right age to be if punk was going to have a decisive impact on you. Because punk was not about your social class, gender or race, it was about your age, it defined a generation, and I belong to the punk generation. It defined…

Anonymous & the Discourse of Human Rights

In the last months, we have seen the emergence of ‘Anonymous’. In particular, in the days after the widespread attack on Wikileaks (following their publication of leaked US diplomatic memos) they emerged with a fairly credible threat to take down major global internet presences (belonging to both states and corporations). They have continued to…

Power, Violence, Law

Over the last two hundred years, the theory of right, now known as normative jurisprudence, has discovered its vocation in a frantic attempt to legitimise the exercise of power. It carries out this task by declaring that law and power are external to each other ontologically, politically, morally, the two are involved in a zero-sum game. In this…